L. E. A. v. Taylor

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 06-22-2016
  • Case #: A159120
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Tookey, J.; & DeHoog, J.
  • Full Text Opinion

ORS 30.866(2) requires service of the petition and temporary stalking protection order on respondent. A judgment is void for lack of personal jurisdiction where a plaintiff fails to serve the defendant.

Respondent appeals trial court’s denial of his motion to set aside a stalking protection order (SPO). ORS 30.866(2) requires service of the petition and temporary SPO on respondent. A judgment is void for lack of personal jurisdiction where the plaintiff failed to serve the defendant. The entry of the final SPO in the absence of service of the petition and temporary SPO as well as the lack of notice to respondent for the hearing was improper. Reversed and remanded.

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